INTRODUCTION ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES: Article 20(1): No person shall be convicted of any offence […]
INTRODUCTION The Supreme Court is the Guardian of the Constitution. The essence of a federal Constitution is division of powers
We have attempted to comprehend not only who the government regards as a minority through this essay, but also the reasoning behind the government’s recent revisions to the reservation regulations for minority universities. Important concerns like “who can be considered a minority” and “whether affiliation is a Fundamental Right” have been subjected to a laborious process that we have witnessed.
The concept of secularism is implicit in the Preamble of the Constitution which declares the resolve of the people to secure to all its citizens “liberty of thought, belief, faith and worship”. The 42nd Amendment Act, 1976 has inserted the word ‘secular’ in the Preamble.
Article 21 of the Indian Constitution guarantees the fundamental rights to life and personal liberty by laying down “No person shall be deprived of his life or personal liberty except according to procedure established by law”.
Article 13(3) (a) defines “law” very widely by an inclusive definition. It does not expressly include a law enacted by the legislature, for such an enactment is obviously law. The definition of law includes:
As the fundamental rights apply only against the state, as has been held by Patanjali Shastri, J. in State of West Bengal v. Subodh Gopal Bose (AIR 1959 SC 92), it becomes necessary to define ‘state’. ‘State’, in a parliamentary democracy like ours, would mean the elected representatives of the country and the various organs of the government.
Many constitutions do not have a written list of Fundamental Rights for example, the Australian Constitution, the Canadian Constitution did not have a written list of Fundamental Rights till 1982.
Article 248 states that:
1. Parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state list.
2. Such power shall include the power of making any law imposing a tax not mentioned in either of those lists.
This article contains detailed analsis of the doctrine of colourable legislation and the doctrine of implied/ancillary powers under the Indian Constitution.
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